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Maneet Dhawan v State of Haryana and another (P&H) 15-03-2022 Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 378, 389 — Cheque bounce case — Conviction in — Appeal against — Suspension of sentence — Non-deposit of 20% compensation within 60 days — Submits that the petitioner had already deposited an amount equivaleRead More…
The Supreme Court has observed that defence of the accused that the cheques were given by way of security is not believable in absence of further evidence to rebut the presumption. The bench of Justices Ashok Bhushan and MR Shah reiterated that, once the issuance of the cheque has been admitted and even the signature on the cheque has been admitted, there is always a presumption in favour of tRead More…
The Supreme Court has observed that the rebuttal of presumption available under Section 139 of Negotiable Instruments Act can only be done after adducing evidence. The bench of Justice Ashok Bhushan and Justice KM Joseph agreed with the High Court view that rebuttal of presumption cannot be looked into at the stage of the Court taking cognizance of the offence. On behalf of the acRead More…